ASHISH SHARMA Vs. MOHAR SINGH

JUDGEMENT

(1.) This Misc. Appeal under Sec. 173(1) of Motor Vehicles Act, 1988 has been filed against the award dtd. 05/08/2016 passed by Additional Motor Accident Claims Tribunal, Lahar, Disrict Bhind (M.P.) in Claim Case No.06/2016 by which the issue no.3 in respect to the liability is decided in favour of the Insurance Company resulting the exoneration of the Insurance Company from the liability of compensation.

(2.) The necessary facts for the disposal of the present appeal in short are that on 19/5/2015 at about 5:30 p.m., appellant was standing near the house of one Munnalal Sharma beside the road and was talking with someone. Thereafter, his father arrived there, at that time, one Mahindra Commander Jeep bearing registration No. MP06-B-6487 coming from opposite side being driven very rash and negligent manner by the driver of the aforesaid Jeep hit to the appellant, due to which, appellant fell down on the road and wheel of the vehicle passed over his left leg, due to which, appellant sustained grievous injuries on various parts of his body and also sustained fracture on the left leg. Initially, appellant was brought to primary health center Mihona. Thereafter, Primary Health Center, Raun. Lastly, he was referred to District Hospital Bhind (M.P.), wherein MLC was carried out and he was admitted on the same day. His injuries were examined, X-ray were taken and operation were carried out. In the X-ray, fracture of left leg was found. Appellant was remained under treatment in the District Hospital Bhind (M.P.) for a long time. Thereafter, again he was got admitted in the District Hospital Bhind (M.P.) and his injuries were examined and operation was carried out. During treatment in hospital and after that appellant spent more money, suffered pain and permanent disability as 25%.

(3.) The First Information Report was lodged against the driver of the offending vehicle in police station Mihona Distt. Bhind (M.P.) registered at crime No.33/2015 under Ss. 279, 337 & 338 of IPC. After completion of investigation, charge sheet was filed.